Can 20 y/o who caused a major at fault motorcycle accident without insur. have their parents umbrella policy cover victim?

Milford, NH | April 16, 2013 7:01am

I was hit by a 20 year old who I knew quite well, on my motorcycle while he was on his. He was found to be at fault, but he didn't have motorcycle insurance, and even only a riding permit. I had full motorcycle coverage but only 25,000 for Uninsured. My injuries were severe, shattered leg, broken wrist severe facial lacerations with 200k+ in medical alone.
He has auto insurance on his car, and lived with his parents. His father even told me that he has an Umbrella policy for his house for at least 1 million. He had no real assets at the time, but after reading many references, it seems it could be very likely his parents Umbrella Policy would cover me. Is this possible, or is there anyway to cover the thousands I have in medical payments now? Thanks.

If the 20 year old was living at his parent's house then there is a very good possibility the umbrella coverage would be available. Contact en experienced personal injury attorney in your are to investigate the claim and all coverage issues,

Sorry to hear of your horrendous injuries, made worse by the irresponsibility of the other motorcyclist not having insurance. The answer to your question will largely depend on the language of the umbrella insurance policy and the insurance laws of New Hampshire. Generally, an umbrella policy requires that any vehicle being sought to come within its coverage has a "primary policy of insurance" in place (typically at least 100,000.00) You don't have that here. Secondly, it is not clear from your post if the other MC was even registered and in whose name. If the MC was not listed under the Umbrella policy along with all other vehicles , that presents another problem. It may not be enought simply to say there is coverage because he lives with the parents. Of course, on the off chance the MC was registered to one of the parents, you will be in better position. You need to consult a personal injury attorney who is also knowledgeable of New Hampshire's insurance laws as the statutes might have a provision that "bootstraps" the uninsured MC into the ambit of the umbrella coverage. One final thought, if it can be determined that the parents actually bought the MC for the son, your attorney might be able to develope a "negligent entrustment" claim against the parents thus giving you another source of compensation.

I am not at all optimistic that the umbrella coverage would apply unless the motorcycle was specifically included in the umbrella policy. You very well may be limited to the uninsured coverage from your motorcycle. You should consult with an attorney and bring everyone's available insurance policies with you so that the attorney can review them.

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Hire an experienced local injury attorney right away. Insurance analysis is complex, and a myriad of factors can determine the existence and level of coverage.

An attorney-client relationship is NOT created through the use of this website or by answering this particular post. Each claim is different and must be judged on its own merits. The response herein does not constitute legal advice. The response is in the form of legal education and is intended to provide general information about the matter within the question. Questions may not include significant and important facts that could significantly change the reply. Mr. Price is licensed in MO only and strongly advises the questioner to confer with an attorney in his or her particular state in order to ensure proper advice is received.

Umbrella's are usually by definition over and above some other required coverage. Failure to carry the underlying coverage could raise defenses or be indicative of an exclusion. You need to consult a local attorney to discuss whether a negligent entrustment claim or some other claim might be viable.

Without more information, I tend to agree with the responding attorneys' general advice of consulting with a local personal injury attorney and letting him or her review the umbrella policy to determine whether or not your injuries and damages are covered. Best of luck.

With the severe injuries you have, why have you not already consulted an attorney to help determine whether or not the policy language in the parents' policy will provide you with coverage? Coverage can only be determined by a detailed review of the policy language and an understanding of your friend's status in his parents' household.

You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. You can access my Legal Guides through my profile page.

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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.